In honor of Michael Roth of Quartzsite, Arizona, whose gun rights were revoked simply because he called someone a "turd."

Aside from the obvious First Amendment issue, there is no provision in Arizona Injunction law allowing courts to take away your gun in a Civil Injunction! Having proved this once in court, having petitioned the Supreme court twice, now a federal civil rights lawsuit, suing the Justices of the Arizona Supreme Court to force them to obey the law.

Thursday, October 25, 2012

Cop and Border Patrol Agent about to lose job

It's no longer an "academic" exercise. This suddenly became very serious.

Our blogger got a call from a Phoenix cop a few weeks ago. (The cop had found this blog via Google.) Turns out a JP judge unconstitutionally (illegally) revoked our cop's Second Amendment right in a civil Injunction Against Workplace harassment!

Not only that, she went one better - she put the cop's name on the FBI's NCIC database as a "Brady Disqualification," listing him as a "prohibited possessor," a criminal domestic violence offender!
But Brady is a federal law for criminal domestic violence only. Not for civil injunctions!

And there is no law in Arizona giving judges the ability to revoke your Second Amendment right in a civil injunction. The word "firearm" does not appear in the civil statutes. Unfortunately, no gun means no job for our poor victim cop.

This is a gun grab foisted on Arizonans by a run away, out of control, Arizona Supreme Court, who says it can foist a rule of internal administrative procedure (a Rule 28 rule) on all Arizonans. That would be like the Court saying that because all lawyers have to use 14 point font in legal pleadings, that YOU have to use 14 point font in all your writing. Ridiculous. And yet this blogger cannot get the Legislature to hold the Court accountable in this Article III power grab.

Our man is appealing his injunction. While we pray he wins (actually, we pray for justice), that does not solve the problem. The problem is that the Justices of the Arizona Supreme Court are acting outside the law.
That makes them, not us, outlaws when they act to revoke your Second Amendment constitutional right.

Suing two cheating judges and a cheating prosecutor + a religious twist

The civil rights law Congress gave us says you can sue "Every person" who deprives you of a civil right under the color of law. The law goes back to the civil rights era and the Ku Klux Klan.

Sadly, as in Orwell's Animal Farm, judges say that "every person" doesn't mean them. And it doesn't mean prosecutors. Judges say that they have "absolute immunity." (What, there were no biased KKK white judges in the Deep South in the 60's?)

This has got to stop. In essence, this policy by judicial fiat is a deprivation of the our First Amendment right to redress for grievances. So, let's "Redress for Success!" (Even Liberal Law Professor / Dean Erwin Chemerinsky is sympathetic!)

To wit, there's proof that one judge tampered with a court file (a felony in Arizona, but Yavapai County prosecutor Sheila Polk is obstructing justice and Arizona AG Tom Horne's staff wouldn't touch it), suspended the rules of court procedure, acted as attorney at trial for one of the parties, and so on. The other judge "un-recused" himself to cover for the first!